Health Care / Medicine

  • Mitt Romney LF

    Non-Sequiturs

    Non-Sequiturs: 03.17.15

    * Mitt Romney is going to fight Evander Holyfield. Man, Romney has been beaten by a black guy like that since 2012. Oooh, also, Floyd Mayweather just found his next opponent. [CNN]

    * Alabama Supreme Court Chief Justice Roy Moore’s son was arrested and charged with drug possession yesterday and then blamed the media… somehow. I blame the moral vacuum created when they took down the Ten Commandments. [Al.com]

    * The long-awaited Justice Scalia play is out. It’s like Tony and Tina’s Wedding with more gun control and abortion. [WTOP]

    * Professor Baude has a cute theory how the Obama administration could ignore a negative verdict in King v. Burwell. [New York Times]

    * Not everyone thinks Professor Baude’s hypothetical is a serious option. [Concurring Opinions]

    * Israel has blocked polling in advance of the election to prevent bandwagon voting. Professor Somin evaluates the efficacy of the plan. It probably won’t affect the outcome, but if you thought Republicans threw a hissy-fit over the polls in 2008 and 2012, wait until a candidate they really care about loses. [The Volokh Conspiracy / Washington Post]

    * A nice little maxim (get it?) for the trial lawyer looking to hone their craft. Of course, if you show them a glint of broken glass in the first act, it better be the murder weapon in the second act. [What About Clients?]

    * Speaking of second acts, this profile of former Skadden partner Harriet Posner discusses life after Biglaw. [A Lawyer’s Life]

    17 Comments / / Mar 17, 2015 at 5:01 PM
  • Non-Sequiturs

    Non-Sequiturs: 03.12.15

    * When the judge starts quoting Monty Python, it means he hates you. [Lowering the Bar]

    * When a tax official died at the office, it took his co-workers two days to notice. To paraphrase Roger Sterling, “he died as he lived: surrounded by people who didn’t pay attention to him.” [TaxProf Blog]

    * What makes a client want to hire a particular lawyer? Is it Throwback Thursday pics of the lawyers as kids? No? These lawyers think it is. [Legal Cheek]

    * The “stop hitting yourself theory of statutory interpretation” is my new favorite canon. [Lawyers, Guns & Money]

    * Radio Shack is going under, which is the perfect time to ask: what if it was a HYDRA front all along? [The Legal Geeks]

    * If America wants to incarcerate fewer people, it needs to take a hard look at what it plans to do with violent offenders, because they’re a bigger part of the prison system than most realize. [PrawfsBlawg]

    * Today would be Jack Kerouac’s 93rd birthday. In case you wanted to imagine a life unchained from your desk, you should read some of his stuff. [What About Clients?]

    10 Comments / / Mar 12, 2015 at 5:07 PM
  • Gavel-stethoscope

    Health Care / Medicine, Technology

    When HIPAA Applies to Patient Assistance Programs (and When It Doesn’t)

    Patient Assistance Programs (PAPs) have proliferated in recent years, despite the fact that many commonly-prescribed medications have lost patent protection and the Affordable Care Act (ACA) has attempted to eliminate pre-existing condition discrimination by insurance companies.

    / Mar 11, 2015 at 12:15 PM
  • typos

    Non-Sequiturs

    Non-Sequiturs: 03.09.15

    * Pretty significant typo… [Legal Cheek]

    * King v. Burwell plaintiffs’ attorney Michael Carvin of Jones Day has some interesting things to say about Obamacare. Like being sure to characterize the law as the product “by living white women and minorities,” which in some circles constitutes throwing shade. Racist circles. [Talking Points Memo]

    * South Carolina makes its potential magistrate judges take the same Wonderlic test given to potential NFL draft picks. The justice system is even based on football down there. I assume occasionally they’ll let a defendant think they’ll get off and then give him the chair and the jury yells, “CLEMSON!” [Lowering the Bar]

    * We take a break from our regularly scheduled NS segment, “Louisiana Seems Crazy,” to bring you a great idea out of Louisiana. Effective May 1, lawyers can earn their CLE hours by doing pro bono work. Brilliant. More substantive legal work to fill a huge need and less garbled streaming video. [New Orleans City Business]

    * OK now back to regularly scheduled programming: arrest warrant issued for New Orleans lawyer accused of intentionally triggering a mistrial by refusing to participate in jury selection. I think Perry Mason did that once. It was one of the more obscure episodes. [Nola]

    * Leave it to the people who wield the awesome punitive power of the state to be the first to give themselves a get out of jail free card. [USA Today]

    * Richard Hsu scores an interview with Jon Lindsey of legal recruiting firm Major, Lindsey & Africa. Apparently, the busy founding partner Lindsey really knows how to juggle things. Literally. [Hsu Untied]

    * History buffs out there may recall that Emperor Augustus instituted a bunch of moral reforms during his reign that really only succeeded in revealing that his daughter was a total whore. But what if the Emperor’s prude rules actually helped solidify his broader goals? [Law & Humanities Blog]

    10 Comments / / Mar 9, 2015 at 5:03 PM
  • Woo, Biglaw! I got an offer, bro!

    Morning Docket

    Morning Docket: 03.05.15

    * According to the latest data from NALP, summer associate hiring is up for the fifth year in a row. Hooray! But wait, don’t go licking each other’s popsicles just yet — some law firms (35 percent of them, in fact) actually reduced the number of offers they made. [National Law Journal]

    * In response to outcry over bar exam reforms, this Dechert partner took time out of his day to wonder: “Is it too much to expect that future lawyers know the difference between a tort and a tenancy in common, or do we expect clients to pay them $400 an hour to learn it?” [Wall Street Journal]

    * Now that oral arguments in King v. Burwell have concluded, it’s probably time you found out what’s at stake for you if you haven’t done so already, procrastinators. This is what will happen if SCOTUS strikes down Obamacare subsidies. [WSJ Law Blog]

    * Edward Snowden is reportedly ready to return to the United States, provided, of course, that he’ll receive a “legal and impartial trial.” Attorney General Eric Holder has already promised Snowden that he won’t face the death penalty, so that’s a start. [CNN]

    * An ADA in Texas apparently referred to defense counsel as a “motherf*cker” in front of jurors during a trial. We think now would be a great time to add this to the list of things that will get you kicked off a case. [Austin American-Statesmen via ABA Journal]

    43 Comments / / Mar 5, 2015 at 9:03 AM
  • iStock-Unfinished-Business-5

    Non-Sequiturs

    Non-Sequiturs: 03.04.15

    * A Tampa law firm replaced its regular desks to make happier and healthier lawyers. I’d never heard of a tread desk, but I want one. [Bay News 9]

    * Prosecutors eviscerated after court finds out that they straight falsified the transcript of a confession. That’s bold. [Observer]

    * How can schools keep top faculty? Giving them less to do of course! [TaxProf Blog]

    * Eliminating a**hole from your vocabulary. That sounds like a terrible idea. [Katz Justice]

    * A handy tool displays bar passage rates by law school. [Bar Exam Stats]

    * Berkeley’s Federalist Society chapter is talking about proper policing by inviting a cop who was suspended for striking protesters and ordering a false arrest during an AIDS demonstration. Seems like he’s a good choice. [Berkeley Law]

    * If you were wondering how the King plaintiffs would answer for how their reading runs contrary to hundreds of pages of text, the answer is… they couldn’t really. Not that the oral argument really matters to how anyone’s going to vote. [Constitutional Accountability Center]

    * Conservative Courts just get no respect. [Politico]

    17 Comments / / Mar 4, 2015 at 5:01 PM
  • A happy Hamline Law grad?

    Morning Docket

    Morning Docket: 03.02.15

    * Unfortunately, it seems that if you want to get an elite legal education in this country, you’re going to have to pay an arm and a leg for it. This year’s NLJ Top 10 Go-To Law Schools each have a sticker price that’s greater than $50K. [National Law Journal]

    * Hamline University’s president thinks it was smarter for her law school to merge with William Mitchell Law than for it to close altogether — hey, it’ll still bear the Hamline name and its dying carcass won’t be on her books anymore! [Star Tribune]

    * Later this week, SCOTUS will hear oral arguments in King v. Burwell, a case that could decimate the Affordable Care Act as we know it. At this point, the justices must be contemplating how many people will lose if the plaintiffs here win. [Wall Street Journal]

    * An ADA from the Brooklyn DA’s office who prosecuted drug cases was canned after his colleagues learned that he failed to report his personal connection to an admitted cocaine dealer. Perhaps they were jealous he refused to share his hookup. [New York Daily News]

    * In case you missed it, Above the Law, your favorite legal website, has been “rankle[d]” by a new series on CNNMoney called “Above the Law.” We know you’re as ticked off about this as we are, so we hope you’ll help us write our cease-and-desist letter. [Am Law Daily]

    37 Comments / / Mar 2, 2015 at 9:03 AM
  • Loretta Lynch

    Morning Docket

    Morning Docket: 02.26.15

    * Congratulations to Loretta Lynch, who cleared a divided Senate Judiciary yesterday. And now secret Kenyan Muslim Barack Obama is one step closer to whatever conservatives think he’s planning in their fever dreams. [National Law Journal]

    * Police made an arrest in the bizarre hatchet attack upon a lawyer in Massachusetts. The motive, according to authorities, stemmed from the lawyer representing one of the suspect’s family members in probate court. [The Patriot Ledger]

    * It may not be $2.6 billion in revenue like some firms, but congratulations to Paul Hastings for crossing the $1 billion revenue threshold. [The Am Law Daily]

    * South Korea legalizes adultery. If you didn’t think South Koreans were waiting for the legal go ahead to start screwing around, the market doesn’t lie. [New York Times]

    * Nice rundown from Elizabeth Wydra of the Constitutional Accountability Center: 5 myths about King v. Burwell. [Washington Post]

    * Prosecutors lodge a number of additional charges against Supreme Court protestors because there’s a surprisingly high number of distinct federal crimes for “standing up and chanting in protest.” [Legal Times]

    9 Comments / / Feb 27, 2015 at 9:07 AM
  • 296-1271474977dfcN

    Non-Sequiturs

    Non-Sequiturs: 02.19.15

    * Utah court rules woman can sue herself. Technically there are three separate parties to the case, and she’s all three of them. Leave it to the Mormons to have the best practical description of the Catholic Trinity since St. Patrick and the clover. [Lowering the Bar]

    * An entertaining look at 50 ridiculous anomalies that arise in the ACA if the King v. Burwell plaintiffs succeed. Noscitur a sociis, people! [Miami Business Law Review]

    * The geniuses at Clickhole have a quiz: How many John Grisham novels have you read? [Clickhole]

    * The Obama administration has gotten some high-profile scrutiny for its zealous campaign to stamp out government leaks. Here’s the story of one of the lower-profile government workers under the thumb of the Espionage Act. [The Intercept]

    * A follow-up on his earlier piece on whether or not New York should adopt the Uniform Bar Exam focuses on what the UBE might mean for finding a job. [Bar Exam Stats]

    * Seven months after the fact, Professor Dan Markel’s death is still a mystery. [Tallahassee Democrat]

    * The National Association of Women Lawyers Mid-Year meeting will commence in Chicago on March 5. Check out details here. [NAWL]

    5 Comments / / Feb 19, 2015 at 4:58 PM
  • Gavel-stethoscope

    Federal Government, Health Care / Medicine

    FDA Extends Risk-Based Medical App Approach to Medical Device Data Systems in New Guidance

    When it comes to health IT products, FDA’s policy aims to keep unnecessary FDA regulation from impeding the progress of new technologies that offer important benefits in the delivery of health care services and in supporting individual health needs.

    / Feb 17, 2015 at 5:13 PM
  • saul

    Non-Sequiturs

    Non-Sequiturs: 02.10.15

    * 12 Things Every Lawyer Should Learn From Saul Goodman. [LinkedIn]

    * The 10th Circuit had so much trouble wading through a federal statute they had to diagram the sentence. As the opinion notes, “[t]hat bramble of prepositional phrases may excite the grammar teacher but it’s certainly kept the federal courts busy.” If you want to see the whole opinion, it’s here. [Lowering the Bar]

    * Meet your King v. Burwell plaintiffs! It’s actually kind of sad. Like the guy paying $655/month on health insurance who could be paying $62.49/month but won’t because Obama is a secret Muslim or something. [Jezebel]

    * A guide to cybersecurity for lawyers. If this interests you, come to our conference March 18, to see the author, Leeza Garber, participate in a panel on privacy. [Capsicum Group]

    * Speaking of cybersecurity, hackers hit Anthem Insurance pretty bad. At least the company is handling the data breach well. [LXBN]

    * New evidence reveals that the victims of lynchings in the South were much higher than previously assumed. Thankfully, racism is over according to the Supreme Court. [Gawker Justice]

    * After introducing you to J.Ko, the Harvard Law rapper, it seems his website is now password protected. Aw. Come back, J.Ko! This is what free publicity looks like. [Harvard Rapper]

    * Maybe there is a role for Millennials to play in ending unpaid internships. They won’t take it of course, but there’s a role out there to be played. [Law and More]

    * Geopolitics explained simply. Shearman’s Richard Hsu talks to Dr. Pippa Malmgren, author of Signals (affiliate link). [Hsu Untied]

    Meanwhile, that sentence diagramming opinion discussed earlier is available on the next page….

    https://www.scribd.com/doc/255322959/United-States-v-Rentz

    11 Comments / / Feb 10, 2015 at 5:05 PM
  • lawrence mitchell

    Non-Sequiturs

    Non-Sequiturs: 02.06.15

    * Records show that Case Western Law bought former dean Lawrence Mitchell’s house for $575,000. Was it still furnished with the Chinese silk sheets? [The Observer]

    * Judge Posner explains that ALJs are basically working a conveyor belt. To wit, here’s a visual representation of Social Security ALJs at work. [Valpo Law Blog]

    * Um, what’s the charge for “acting like you’re in Fast and Furious”? [Legal Juice]

    * Republicans making moves to stop net neutrality. Netflix needs to start showing more Bible documentaries to sap this movement’s political will. [Bloomberg Politics]

    * Professor Campos reviews a new paper on the future of higher education funding. [Lawyers, Guns & Money]

    * The law dean at the University of New Brunswick is accused of “sexism, harassment, and, in one case, threats of violence by two of his former law school colleagues.” That’s some very un-Canadian behavior. But Levitt used to be the dean at Florida A&M, and that does sound like some very Floridian behavior. [CBC]

    * How to make your shoes last longer. [Corporette]

    * Michael Cannon and Professor Jonathan Adler use some pretty compelling evidence in their amicus brief decrying King v. Burwell. Unfortunately, they kind of made up a quote. When the woman they quoted tries to clear the record, Cannon tells her he understands what she clearly said better than she did. In a sense this is a microcosm for the whole case. [Constitutional Accountability Center]

    26 Comments / / Feb 6, 2015 at 5:30 PM
  • Angry menager

    Morning Docket

    Morning Docket: 02.06.15

    * Justice Ginsburg is concerned that “our system is being polluted” by the deluge of money that’s being dumped into election campaigns, including judicial elections. “Something is terribly wrong” and it needs to be fixed. [Legal Times]

    * A Suffolk Law professor says laptops should be banned from law school classrooms because of a recent study that says taking verbatim notes makes student comprehension suffer. But then they wouldn’t be able to play online! :( [ABA Journal]

    * “It is virtually inevitable that some or many of the carriers will challenge the rules.” It’s highly likely that net neutrality will be headed back to the courts, no matter what the Federal Communications Commission has to say about it. [WSJ Law Blog]

    * “I think that a law degree is a worthwhile investment for students that have a goal. I don’t know if it’s good for students trying to figure things out.” Enrollment is down at Elon Law, but you should go if your goal is to be employed… eventually. [Pendulum]

    * “Trying to make a claim there’s negligence when there are lawful exemptions is very problematic.” Also problematic are the measles outbreaks across the country, and it may soon be harder for parents to opt out of vaccinations. [National Law Journal]

    4 Comments / / Feb 6, 2015 at 9:03 AM
  • h95pb

    Non-Sequiturs

    Non-Sequiturs: 02.05.15

    * Student suspended for “terroristic threat” because he brought Sauron’s ring to school. If we outlaw magic rings, only outlaws will have magic rings. [Lowering the Bar]

    * Jami Tillotson, the public defender arrested for defending the public, will not be charged with anything, which is for the best since she didn’t do anything wrong. [SF Weekly]

    * Elizabeth Wurtzel is getting a boob job. Oh, and she has cancer. But her essay makes it clear that she’s way more focused about moving to a D cup. [Vice]

    * Remember when Eric Holder ended the scheme that let federal and local law enforcement divvy up forfeiture proceeds? Well, not so fast my friend. [LFC360]

    * Federal judges investigating an extramarital affair between a prosecutor and an ATF agent. Because the only one who’s supposed to get rogered in the criminal justice system is the defendant. [The Florida Times-Union]

    * A freelance lawyer focusing on legal ethics raises ethical concerns. How meta. [Legal Research and Writing Pro]

    * Guess who didn’t file an amicus brief in King v. Burwell? Does the Chamber of Commerce think this argument is just too dumb to stake their reputation? [Constitutional Accountability Center]

    * Watch out for some light spoilers in this review of Supreme Ambitions (affiliate link). [Legal Underground]

    * Law school grad wants to pay someone to actually teach him or her how to practice law. Because obviously the last $150K+ didn’t do it. Since this may get taken down, we’ve got a screenshot of the post on the next page. [Craigslist]

    Screen Shot 2015-02-05 at 10.45.24 AM

    5 Comments / / Feb 5, 2015 at 5:12 PM
  • Anti Vaxx

    Health Care / Medicine

    Bathroom-Gate: The Logical Conclusion To The Anti-Vax Argument​

    The bathroom argument highlights why the GOP has trouble with Anti-Vaxxers

    1 Comment / / Feb 4, 2015 at 5:00 PM
  • tuberculosis

    Law Schools

    Law School Exposed To Tuberculosis

    Important health update for some of you.

    45 Comments / / Feb 4, 2015 at 3:25 PM
  • Pomegranate_Image

    Non-Sequiturs

    Non-Sequiturs: 02.02.15

    * D.C. Circuit upholds FTC decision that Pom Wonderful deceived consumers with disease-fighting claims. Next thing you know they’re going to say Red Bull doesn’t really give you wings. [Chronicle of Higher Education]

    * Macklemore is looking for an intern. Probably going to find a lawsuit instead. [LXBN]

    * Now that the Super Bowl is over, Glendale can get back to focusing on how they’re going broke because of that stadium. Once again, publicly funded stadiums are a terrible idea on par with running a quick slant instead of running the best back in football up the gut for one yard. [Americans For Tax Reform]

    * In case you were interested, Sheldon Silver’s former employer makes serious bank. [Page Six / New York Post]

    * A quick and easy summary of amici briefs filed in King v. Burwell. [Balkinization]

    * Dean Chemerinsky in a wide-ranging interview about the Supreme Court and its failings. As you’d expect from the author of The Case Against the Supreme Court (affiliate link). [Concurring Opinions]

    * Richard Hsu talks to Kelly Perdew, who won the Apprentice back when the show was about finding competent businesspeople instead of helping Jose Canseco squeeze out 15 more minutes of fame. [Hsu Untied]

    4 Comments / / Feb 2, 2015 at 5:02 PM
  • 640px-Dez_Bryant_2010

    Non-Sequiturs

    Non-Sequiturs: 01.27.15

    * Dumb person suing the NFL over its entirely correct (though the rule is pretty stupid) no-catch call in the Cowboys/Packers game. For $88 billion. Oh, because Dez is number 88. I get it. To read the whole hand-written complaint, head to the next page…. [Sports Illustrated]

    * The feds charge a bumbling Russian bank employee with trying to spy on America. Viewed in light of the details of the Anna Chapman ring, I think maybe Russia should just give up trying to spy. [Huffington Post]

    * “Judge Feels That Chris Brown’s Tour Doesn’t Count as Community Service.” Well then. [Defamer]

    * More of how the LSAT is supremely important to getting into law school. [Law and More]

    * College suspends a student for selling video of a campus brawl. School says the sale was a code of conduct violation… though it can’t explain how. [Chronicle of Higher Education]

    * The government’s brief in King v. Burwell tries desperately to show that conservatives themselves understood the plain meaning of the Affordable Care Act and anticipated states opting out of creating exchanges. Thankfully, the conservative justices obliged by writing exactly that in their NFIB v. Sebelius dissent. Between this and the marriage equality cases, Justice Scalia is just getting torched by his own dissents. [Talking Points Memo]

    https://www.scribd.com/doc/253504322/Terry-Hendrix-NFL-Lawsuit

    13 Comments / / Jan 27, 2015 at 5:19 PM